LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 14th, 2005 • ClearStory Systems, Inc. • Services-computer integrated systems design • Delaware
ContractSeries C Convertible Preferred Stock Purchase Warrant • November 14th, 2005 • ClearStory Systems, Inc. • Services-computer integrated systems design
THIS SECURITY HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 AND MAY NOT BE TRANSFERRED OR OTHERWISE DISPOSED OF UNLESS IT HAS BEEN REGISTERED UNDER THAT ACT OR AN EXEMPTION FROM REGISTRATION IS AVAILABLE.
UNCONDITIONAL GUARANTYUnconditional Guaranty • November 14th, 2005 • ClearStory Systems, Inc. • Services-computer integrated systems design
For and in consideration of certain loans by SILICON VALLEY BANK, a California-chartered bank, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at One Newton Executive Park, Suite 200, 2221 Washington Street, Newton, Massachusetts 02462 (“Bank”) to CLEARSTORY SYSTEMS, INC., a Delaware corporation (hereinafter, the “Borrower”), which loans were made pursuant to a certain Loan and Security Agreement between Borrower and Bank dated August 25, 2005, as may be amended from time to time (hereinafter, the “Agreement”), the undersigned guarantor SCP PRIVATE EQUITY PARTNERS II, L.P., a Delaware limited partnership (“Guarantor”), hereby unconditionally and irrevocably guarantees the prompt and complete payment of all amounts that Borrower owes to Bank under the Agreement and performance by Borrower of Borrower’s Obligations under the Agreement, as may be amended from time to time, in strict accordance with its term
